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Wrongful Discharge

Worker Who Tested Positive for Cocaine Use in Injury Probe Entitled to Back pay, Fees: Court

September 12, 2012
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The decision in Amanda Skipton v. S & J Tube Inc. upholds a 2011 district court finding that S&J failed to follow Iowa law permitting an employer to conduct a drug test when investigating workplace accidents that lead to injuries.
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Worker's Sleep Disorder Discrimination Claim Reinstated

August 28, 2012
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Feldman filed suit against his employers on charges including violation of the Americans with Disabilities Act, and with engaging in retaliation once he returned to work.
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Trucking Firm Ordered to Reinstate Whistle-Blower, Pay $315,000

August 28, 2012
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The award reflects $280,000 in back wages and interest, $15,000 in compensatory damages and $20,000 in punitive damages, OSHA said. The federal agency does not release the names of employees involved in whistle-blower complaints.
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EEOC Files Charges Against Burger King in Workplace Attire Dispute

August 24, 2012
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Ashanti McShan was assured she could wear a skirt to work, but when she arrived at work for orientation, store management told her she could not do so, and she was told to leave the store. McShan is a Pentecostal Christian, a denomination that requires women to wear only skirts or dresses.
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'Great Texas Lactation Case' Debates Whether Breast-Milk Pumping Is a Pregnancy-Related Condition

August 23, 2012
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The Equal Employment Opportunity Commission is acting for a Texas mother who was fired days after she asked her employer about a room to pump breast milk. A judge ruled that after the woman gave birth the former employee 'was no longer pregnant and her pregnancy-related conditions ended.'
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Racism Lawsuit Targets Mercedes-Benz Store

August 21, 2012
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A lawsuit filed in federal court in New York charges that Burnell Guyton, 54, and Andre Grammer, 44, both black, found racist graffiti on several occasions in a bathroom stall used by employees.
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Courts Inch Closer to Recognizing Sexual Orientation as a Protected Class

August 20, 2012
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Nine out of the last 10 Congresses have tried to pass a version of the Employment Non-Discrimination Act, which among other things, would add “sexual orientation and gender identity” to the list of classes protected under Title VII. It has failed each time. Courts and the EEOC, however, continue to give the LGBT community that which the legislature has rejected.
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Former Wells Fargo Employee Says Company Fired Him Over Daughter's Cancer Costs

August 15, 2012
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According to a lawsuit filed Aug. 2 in a Florida 15th Judicial Circuit Court in Palm Beach, Wells Fargo fired Yovany Gonzalez in August 2010—three days before his daughter Mackenzie was scheduled for surgery to remove a cancerous tumor—based on allegations that he had falsified his time records.
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Court Dismisses Discrimination Suit Filed by Christian School Teacher

August 7, 2012
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The federal district court ruling said the court had stayed briefing on St. Peter's motion to dismiss the case pending the Supreme Court's decision.
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'Bitch' as Sexual Harassment: Context Matters (Sort of)

August 1, 2012
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A court recently concluded that even though the word 'bitch' is sexually based, its use must be examined in context to determine whether it constitutes harassment 'because of sex.'
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